Jersey Law
42/1998
CRIMINAL JUSTICE
(EVIDENCE AND PROCEDURE) (JERSEY) LAW 1998
____________
A LAW to
provide in criminal proceedings for formal admissions of facts; for notice of
alibis; for matters relating to the admissibility of expert evidence; for the
reading of written statements and depositions as evidence; and for connected
purposes; sanctioned by Order of Her Majesty in Council of the
17th day of NOVEMBER
1998
____________
(Registered on the
18th day of December 1998)
____________
STATES OF JERSEY
____________
The 28th day of July 1998
____________
THE
STATES, subject to
the sanction of Her Most Excellent Majesty in Council, have adopted the
following Law –
PART I
INTRODUCTORY
ARTICLE 1
Interpretation
(1) In
this Law, unless the context otherwise requires –
“evidence
in support of an alibi” means evidence tending to show that, by reason of
the presence of an accused at a particular place or in a particular area at a
particular time, he was not or was unlikely to have been at the place where the
offence with which he is charged is alleged to have been committed, at the time
of its alleged commission;
“expert
report” means a written report by a person dealing wholly or mainly with
matters on which he is (or would if living be) qualified to give expert
evidence;
“maker”
means –
(a) in relation to a
written statement to which Article 9 refers, the person by whom the statement
is made; and
(b) in relation to a
deposition to which Article 10 refers, the person from whom the deposition is
taken;
“party”
includes a Connétable or Centenier
who presents a person before a Magistrate;
“the
prescribed period” means, in Article 6, the period of seven days
immediately following committal to the Royal Court for trial (disregarding
public holidays, bank holidays and general holidays in the Island);
“rules of
court” means rules to which Article 17 refers;
“subsequent
criminal proceedings”, in relation to a matter, includes an appeal and a
retrial in respect of the matter;
“trial”
includes a retrial.
(2) A
reference in this Law to another enactment is a reference to that enactment as
amended from time to time.
(3) In
this Law –
(a) a reference to an
Article by number only is a reference to an Article in this Law;
(b) a reference in an
Article to a paragraph by number or letter only is a reference to a paragraph
in that Article;
(c) a reference in a
paragraph to any subdivision of a paragraph by number or letter only is a
reference to a subdivision in that paragraph.
ARTICLE 2
Application
The provisions of
this Law apply notwithstanding any requirement in either of Articles 18 and 42
of the “Loi (1864) réglant
la procédure criminelle” that a witness shall give evidence
orally in criminal proceedings.
PART II
FORMAL
ADMISSIONS
ARTICLE 3
Admissions of
fact
(1) Where
the conditions in this Article are satisfied, any fact of which oral evidence
may be given in any criminal proceedings may be admitted for the purpose of
those proceedings by any party.
(2) An
admission under this Article may be made before or during the proceedings.
(3) The
conditions to which paragraph (1) refers are –
(a) in the case of an
accused who is an individual, the admission may only be made by him personally,
or by his advocate acting on his behalf;
(b) where it is made by any
person otherwise than in court, it shall be in writing;
(c) where it is made in
writing by any individual, it shall purport to be signed by him;
(d) where it is made in
writing by a body corporate, it shall purport to be signed by a director,
manager, secretary or other similar officer of the body corporate; and
(e) where it is made at any
stage before the trial, by an accused who is an individual –
(i) it
shall be approved (whether at the time it is made or subsequently) by his
advocate; and
(ii) it shall be so approved
expressly as a formal admission under this Article.
ARTICLE 4
Effect of
admission
(1) An
admission of a fact under Article 3 by a party in any criminal proceedings
shall be conclusive evidence in those proceedings of that fact, as against that
party.
(2) An
admission by a party under Article 3, for the purpose of proceedings relating
to any matter, shall be treated as an admission by that party for the purpose
of any subsequent criminal proceedings relating to that matter.
ARTICLE 5
Withdrawal of admission
With the leave of
the court, an admission under Article 3 may be withdrawn –
(a) in the proceedings for
the purpose of which it was made; or
(b) in any subsequent
criminal proceedings relating to the same matter.
PART III
ALIBIS
ARTICLE 6
Notice of alibi
(1) On
a trial before the Royal Court, an accused shall not adduce evidence in support
of an alibi unless, before the end of the prescribed period, he gives notice of
particulars of the alibi.
(2) On
a trial before the Royal Court, an accused shall not call any other person to
give such evidence unless each of the following conditions is satisfied, namely
–
(a) the notice under
paragraph (1) includes the name and address of the witness or, if the name or
the address is not known to the accused at the time when he gives the notice,
any information in his possession that might be of material assistance in
finding the witness;
(b) if the name or the
address is not included in the notice, the court is satisfied that before
giving the notice the accused took and thereafter continued to take all
reasonable steps to secure that the name or address would be ascertained;
(c) if the name or the
address is not included in the notice, but the accused subsequently discovers
the name or address or receives other information that might be of material
assistance in finding the witness, he forthwith gives notice of that
information; and
(d) if the accused is
notified by or on behalf of the Attorney General that the witness has not been
traced by the name or at the address given, he forthwith gives notice of any
such information that is then in his possession or, on subsequently receiving
any such information, forthwith gives notice of it.
(3) Notwithstanding
paragraph (1) or paragraph (2), an accused may in any case adduce evidence in
support of an alibi by the leave of the Royal Court.
(4) The
Royal Court shall not refuse leave under paragraph (3) if it appears to the
court that the defendant was not informed, in accordance with rules of court,
of the requirements of this Article.
(5) Subject
to any directions by the Royal Court as to the time when it is to be given, any
evidence tendered to disprove an alibi may be given before or after evidence is
given in support of the alibi.
(6) A
notice purporting to be given under this Article on behalf of an accused by his
advocate shall, unless the contrary is proved, be treated as given with the
authority of the accused.
(7) A
notice under paragraph (1) shall be given either –
(a) in court, during or at
the end of the proceedings before the Magistrate at which the accused is
committed to the Royal Court for trial; or
(b) in writing to the
Attorney General.
(8) A
notice by or on behalf of the accused under sub-paragraph (c) or sub-paragraph
(d) of paragraph (2) shall be given in writing to the Attorney General.
PART IV
EXPERT
EVIDENCE
ARTICLE 7
Notice of expert
evidence in Royal Court
(1) Rules
of court may make provision for –
(a) requiring any party to
criminal proceedings before the Royal Court to disclose to the other party or parties
any expert evidence that he proposes to adduce in the proceedings; and
(b) prohibiting a party who
fails to comply in respect of any evidence with any requirement imposed by
virtue of sub-paragraph (a) from adducing that evidence without the leave of
the court.
(2) Rules
of court for the purposes of this Article –
(a) may specify the kind of
expert evidence to which they apply; and
(b) may exempt facts or
matters of any description specified in the rules.
ARTICLE 8
Expert reports
(1) An
expert report is admissible as evidence in criminal proceedings, whether or not
the person making it attends to give evidence orally in those proceedings.
(2) However,
if it is proposed that the person making the report shall not give evidence
orally, the report is only admissible with the leave of the court.
(3) For
the purpose of determining whether to give leave, the court shall have regard
–
(a) to the contents of the
report;
(b) to the reasons why it
is proposed that the person making the report shall not give evidence orally;
(c) to any risk, having
regard in particular to whether it is likely to be possible to controvert
statements in the report if the person making it does not attend to give
evidence orally in the proceedings, that its admission or exclusion will result
in unfairness to an accused; and
(d) to any other
circumstances that appear to the court to be relevant.
(4) An
expert report, when admitted, shall be evidence of any fact or opinion of which
the person making it could have given evidence orally.
PART V
READING
OF STATEMENTS AS EVIDENCE
ARTICLE 9
Admissibility of
written statements as evidence
(1) Where
the conditions in this Article are satisfied, a written statement by any person
is admissible as evidence in any criminal proceedings to the same extent as if
it were oral evidence to that effect by that person.
(2) In
every case –
(a) the statement shall
purport to be signed by the person who has made it;
(b) the statement shall
contain a declaration by that person to the effect that it is true to the best
of his knowledge and belief and that he made the statement knowing that, if it
were tendered in evidence, he would be liable to prosecution if he wilfully stated in it anything which he knew to be false or
did not believe to be true;
(c) before the statement is
tendered in evidence, a copy shall be served, by or on behalf of the party
proposing to tender it, on each of the other parties in the proceedings; and
(d) none of the other
parties or his advocate, within seven days after being served with a copy,
shall himself have served on the party proposing to tender the statement a
notice in writing that he objects.
(3) Where
the statement is made by a person who is under the age of twenty years, it
shall give his age.
(4) Where
the statement is made by a person who cannot read it –
(a) it shall have been read
to him before he signs it; and
(b) it shall be accompanied
by a declaration, by the person who read the statement to him, that it was read
to him before he signed it.
(5) Where
the statement refers to any other document as an exhibit, each copy of the
statement that is served under this Article on any other party shall be
accompanied by –
(a) a copy of the document;
or
(b) information that will
enable that party to inspect the document or a copy of it.
(6) Notwithstanding
paragraph (1), the conditions in sub-paragraphs (c) and (d) of paragraph (2)
shall not apply if each party agrees before or during the hearing that the
statement may be tendered in evidence.
ARTICLE 10
Admissibility of
depositions as evidence
(1) Where
any person has been committed to the Royal Court for trial for any offence and
the conditions in this Article are satisfied, the deposition of any witness
taken down in evidence, and read over to and signed by the witness, under
Article 18 of the “Loi (1864) réglant la procédure
criminelle” in the proceedings before the
Magistrate is admissible as evidence on the trial of that person to the same
extent as if it were oral evidence to that effect by that person at trial.
(2) The
deposition is admissible whether the trial is for the offence for which the
accused has been committed, or for any other offence arising out of the same
transaction or set of circumstances as that offence.
(3) The
conditions to which paragraph (1) refers are –
(a) not later than fourteen
days before the date of the trial at which the deposition is to be tendered in
evidence, notice in writing of his intention to do so shall be served, by or on
behalf of the party proposing to tender it, on each of the other parties in the
proceedings; and
(b) none of the other
parties or his advocate, within seven days after being served with that notice,
shall himself have served on the party proposing to tender the deposition a
notice in writing that he objects.
(4) Notwithstanding
paragraph (1), the conditions in paragraph (3) shall not apply if each party
agrees before or during the trial that the deposition may be tendered in
evidence.
ARTICLE 11
Reading of
statement
(1) Unless
the court directs otherwise, a statement or deposition that is admitted in
evidence under Article 9 or Article 10 shall be read aloud at the hearing.
(2) An
account shall be given orally, if the court so directs, of as much of the
statement or deposition as is not read aloud.
(3) This
Article does not apply when a statement is tendered in evidence before a
Magistrate in proceedings to which the proviso to Article 19 of the “Loi (1864) réglant la procédure criminelle” applies.
ARTICLE 12
Admissibility of
exhibits
Where a statement
or deposition is admitted in evidence under Article 9 or Article 10, and it
refers to any document or object as an exhibit and identifies it, the document
or object shall be treated as if it had been produced as an exhibit, and
identified in court, by the maker of the statement or deposition.
ARTICLE 13
Oral evidence
(1) A
party –
(a) who serves, under
sub-paragraph (c) of paragraph (2) of Article 9, a copy of a statement; or
(b) who serves, under
sub-paragraph (a) of paragraph (3) of Article 10, a notice of his intention to
tender a deposition in evidence,
may call the
maker of the statement or deposition to give oral evidence.
(2) The
court may –
(a) of its own motion; or
(b) on the application of
any party,
require the maker
of the statement or deposition to give oral evidence.
(3) This
Article does not apply in proceedings before a Magistrate to which the proviso
to Article 19 of the “Loi (1864) réglant la procédure
criminelle” applies, but otherwise applies in
all proceedings whether or not the statement or deposition is itself admitted
in evidence.
ARTICLE 14
Attendance of
witnesses
Notwithstanding
either of Articles 17 and 61 of the “Loi (1864)
réglant la procédure
criminelle”, the maker of a statement or
deposition that is tendered in evidence under Article 9 or Article 10 of this
Law need not attend the proceedings as a witness unless he is required under
Article 13 of this Law to give oral evidence.
PART VI
MISCELLANEOUS
ARTICLE 15
False statements
(1) If
any person in a written statement tendered in evidence in criminal proceedings
under Article 9 wilfully makes a statement that is
material in those proceedings and that he knows to be false or does not believe
to be true, he shall be guilty of an offence and liable to imprisonment for a
term not exceeding two years or to a fine or to both.
(2) Any
person who wilfully aids, abets, counsels, causes,
procures or commands the commission of an offence under paragraph (1) shall be
liable to be dealt with, tried and punished as a principal offender.
ARTICLE 16
Service
(1) A
document that is to be served or may be served on any person or party (other
than a body corporate) under this Law may be served in any of the following
ways –
(a) by delivering it to him
or to his advocate personally;
(b) by addressing it to him
and –
(i) leaving
it at his usual or last known place of abode or business; or
(ii) sending it in a
registered letter or by the recorded delivery service, addressed to him at that
place of abode or business;
(c) by addressing it to his
advocate and –
(i) leaving
it at the advocate’s office; or
(ii) sending it in a
registered letter or by the recorded delivery service, addressed to the
advocate at that office; or
(d) by transmitting it to
him or to his advocate by electronic means.
(2) A
document that is to be served or may be served on a body corporate under this
Law may be served –
(a) by delivering it to its
secretary or clerk at its registered or principal office, or to its advocate
personally; or
(b) by sending it to its
registered or principal office, or to its advocate, in any other manner
described in paragraph (1).
ARTICLE 17
Rules of court
The powers of the
Superior Number of the Royal Court to make rules under –
(a) the Royal Court
(Jersey) Law 1948; and
(b) Article 22 of the
Magistrate’s Court (Miscellaneous Provisions) (Jersey) Law 1949,
shall include
power to make rules for the purposes of this Law.
ARTICLE 18
Consequential and
other amendments
The “Loi (1864) réglant la procédure criminelle” is amended –
(a) by repealing Articles
18A and 18B;
(b) by substituting for the
proviso to Article 19 the following proviso –
“Pourvu que, si
–
(a) le témoignage
consiste exclusivement en
des dépositions par écrit
déférées à
la Cour d’après
les dispositions de l’Article 9 de la Loi dite ‘Criminal Justice
(Evidence and Procedure) (Jersey) Law 1998’;
(b) le prévenu
est représenté
par un avocat; et
(c) son avocat
ne soutient pas que le contenu desdites dépositions manque à fonder une cause prima facie
contre son client,
le Juge enverra le prévenu devant la Cour Royale sans besoin d’étudier le contenu desdites dépositions.”;
(c) in Article 21, by
substituting for the words “des Articles 18A et 18B” the words
“de l’Article 9 de la Loi
dite ‘Criminal Justice (Evidence and Procedure)
(Jersey) Law 1998’ ”;
(d) by repealing Article
21A;
(e) in Articles 24, 27, 42
and 60, by substituting for the words “l’Article
18B” in each place where they appear the words “l’Article
9 de la Loi dite
‘Criminal Justice (Evidence and Procedure) (Jersey) Law 1998’
”.
ARTICLE 19
Short title and
commencement
This Law may be
cited as the Criminal Justice (Evidence and Procedure) (Jersey) Law 1998 and
shall come into force on the day following its registration.
G.H.C. COPPOCK
Greffier of the States.